BILL NUMBER: S2712B
SPONSOR: KENNEDY
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to paying drug-
impaired driving surcharges to counties to reduce drug-impaired driving
incidences
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill establishes a three-year schedule to transfer the revenue from
two mandatory surcharges for alcohol and other drug-related traffic
offenses to the STOP-DWI Program established in Section 1197 of the
Vehicle and Traffic Law.
 
SUMMARY OF PROVISIONS:
(1) Amends paragraph (a) of subdivision 1 of VTL S 1197 and the Opening
paragraph of subdivision 9 of S 1803 of such law to authorize counties
that have established a STOP-DWI Program to receive surcharge monies
imposed pursuant to VTL SS 1809-c and 1809-e for initiatives designed to
reduce the incidence of drug-related driving.
(2) Amends subdivisions 1 and 2 of VTL § 1809-c, which establishes a
mandatory surcharge of $25 to be imposed upon all persons convicted of
an alcohol or other drug-related traffic offense pursuant to VTL 1192,
to provide that commencing FY 2021, such surcharge shall be directed to
the county STOP-DWI program where the conviction occurs. All surcharge
money transferred pursuant to this section shall be utilized by the
programs for initiatives designed to reduce the incidence of drug-relat-
ed driving. The provision also applies the surcharge to the two crimes
of alcohol-related aggravated unlicensed operation set forth in VTL §
511. Under existing law, the fines for those offenses are earmarked for
the STOP-DWI programs. This would treat the surcharges for those
offenses in the same manner.
(3) Amends subdivisions 1 and 2 of VTL § 1809-e, which establishes a
mandatory surcharge of $170 to be imposed upon all persons convicted of
an alcohol or other drug-related traffic offense pursuant to VTL S 1192,
to provide that commencing .FY 2022, 50t of such surcharge shall be
directed to the county STOP-DWI program where the conviction occurs; and
commencing FY 2023 the entire amount of the surcharge shall accrue to
the benefit of those programs. All surcharge money transferred pursuant
to this section shall be utilized by the programs for initiatives
designed to reduce the incidence of drug-related driving. Similar to the
surcharge imposed pursuant to VTL § 1809-c (above), the provision also
applies the surcharge to the two crimes of alcohol-related aggravated
unlicensed operation set forth in VTL § 511.
(4) The Commissioner of Motor. Vehicles, who oversees the STOP-DWI
Program, shall annually certify to the division of the budget that all
county STOP-DWI programs eligible for funding are in full compliance
with their statutory and regulatory authority relating the program and
the provisions of this chapter.
 
JUSTIFICATION:
In 1981, New York moved to the national forefront of the movement to
address the epidemic of impaired and intoxicated driving when it enacted
the STOP-DWI Program (VTL 1197) (the "Program"). The Program contained
two parts: first it established mandatory minimum fines for all levels
of DWI; and second, it allowed counties (and NYC) to keep the fine money
assessed within its borders provided it established a dedicated office
and program to fund activities ranging from enforcement to rehabili-
tation with the sole priority of reducing the incidence of alcohol and
other drug-related traffic fatalities. By 1983 every county had estab-
lished a program, tailoring strategies around the unique challenges
presented within its borders. Within 10 years after the program was
established, the likelihood of being involved in a drunk driving crash
was reduced by almost 70%.
In 2003, a new $25 surcharge was imposed exclusively on convicted drunk
and drugged drivers exclusively for short-term budget relief, the
proceeds accruing to the General Fund. In 2008 an additional budget
relief surcharge of $170 was imposed upon convicted drunk and drugged
drivers. These surcharges were imposed on top of the underlying fine the
special surcharge for the Criminal Justice Improvement Account
(DCJS)(1), the Crime Victims Fee, a $750 Special Assessment from DMV,
and the cost of installing an Ignition interlock device, if applicable.
The unintended consequences of these two, short-term budget fixes
include their impact on the STOP-DWI Program.
Where courts used to impose fines based on a balance of aggravating and
mitigating factors related to the offense, now they regularly impose the
statutory minimums (or less) because the combined financial penalty is
so great. Indeed, many judges now are imposing only the surcharges
(which are devoid of any public policy rationale) because they believe
they have discretion regarding the fine, but are required to impose the
surcharges. The result has been predictable: the county programs have
seen a sequential reduction in the level of fines imposed. Thereby
curtailing their only source of revenue. This, in turn, undercuts the
initiatives and strategies associated with their mission. Moreover,
because the underlying fines are (pursuant to the CPL) the last in
priority of collection, they are rarely fully collected. Town and
Village Courts lack the resources to enforce collection of the myriad
financial obligations, and County Courts, which deal with the more seri-
ous offenders, set up payment plans through the County Clerk - a totally
separate branch of government with no power to compel collection.
As a result of both the reduced fine imposition and limited fine
collection, revenue for the Program has receded to such an extent that
the very backbone of the State's most important tool against drunk driv-
ing is endanger of collapsing, county by county. Indeed, revenue for the
statewide Program has declined by 21% over the past 10 years. That is a
$7M reduction from the Program's pre-surcharge revenue years. Forty-five
of the 57 local programs (NYC is treated as a single program) have shown
a decline since 2008- many of them by as much as 50%.
While repeal of these surcharges would make sense from a public policy
viewpoint, new challenges related to the opioid crisis, the influx of
designer drugs, and the decriminalization, and the legalization of adult
use cannabis, are facing the county programs throughout the State. There
is little doubt that drugged driving has the potential to reach crisis
proportion in the coming years. Data from other states has been fairly
indicative of what we will be facing. The infrastructure to deal with it
is in place. But it has to be preserved and enhanced. This legislation
accomplishes the dual task of shoring up the fiscal integrity of the
STOP-DWI Program while providing an important funding stream to address
the myriad issues related to the increase in drugged driving.
 
LEGISLATIVE HISTORY:
Formerly S.3901/A-9985 of 2022, Died in Transportation Committee.
 
FISCAL IMPLICATIONS:
The law is a three-year phase in with $25 first year going to the County
DWI program and in the second year $25 plus $85 and in the third year
$25 plus $170 and every year thereafter.
 
EFFECTIVE DATE:
This act shall take effect on the first day of April 2024.